What do you have to prove in a California slip-and-fall case?

Law Office of Reuben J. Donig
October 29, 2021

When you pursue a premises liability case against someone in California, the strength of your case depends on your ability to prove that the other party’s negligence caused your injuries. When a property owner invites you onto his or her property, that owner, in exchange, has an obligation to maintain a safe environment.

According to the California Legislature, you need to be able to showcase the following if you want to achieve success as a plaintiff in a premises liability case.

That the owner owed you a duty of care

If, after inviting you onto his or her property, a property owner neglects to exercise an appropriate duty of care and you suffer harm as a result, you may be able to hold that party accountable.

That a defective condition existed

You also need to prove that a defective condition existed and caused your slip-and-fall injury. The existence of the defective condition serves as evidence that the owner failed to exercise a duty of care. You should also come prepared to show that the property owner knew about, or should have known about, the property defect.

That you suffered genuine harm

Finally, you need to show the judge or court how the fall you suffered on the defendant’s property caused you genuine harm. You may decide to furnish medical bills or doctor’s notes to back up your assertions in this regard.

As a plaintiff in a California slip-and-fall case, you may also find it beneficial to seek medical attention, compile relevant evidence and report the incident to the proper parties.

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